Document Type
Article
Media Type
Text
Abstract
This article points out that the current trend towards joint custody as the preference or presumption in divorces can create some unwanted side-effects. Specifically, joint custody is dangerous for victims of spousal abuse because it allows, and sometimes even facilitates, the continuation of patterns of abuse. Although many jurisdictions that apply a joint custody presumption attempt to protect victims of domestic violence, neither of the two usual approaches is successful in protecting the victims and their children. As a result, the author makes two recommendations. First, statutes should never create a presumption in favor of joint custody. Second, courts should not accept agreements to joint custody on the eve of litigation.
First Page
403
Last Page
431
Publication Date
7-1-2005
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Greenberg, Judith G.
(2005)
"Domestic Violence and the Danger of Joint Custody Presumptions,"
Northern Illinois University Law Review: Vol. 25:
Iss.
3, Article 4.
Suggested Citation
Judith G. Greenberg, Domestic Violence and the Danger of Joint Custody Presumptions, 25 N. Ill. U. L. Rev. 403 (2005).
